You always want what’s best for your children, even when you are divorcing. That is exactly what courts want, too — their decision on your custody order will be based on one factor: the best interests of the children.
When you make an appointment with an attorney at Charles Vincent & Associates, you can expect us to listen to your side of the story and to strive for the most favorable outcomes — for you and your children. Whether you are in the process of divorcing or you were never married, we will work to ensure your custody rights are protected.
How Child Custody Works In Oregon
In Oregon, judges do not usually order joint custody unless both parties agree to it. Usually, legal custody is awarded to one parent while the other parent is awarded parenting time.
Courts look at a variety of factors when deciding on a custody order, including the ages of the children, the amount of time each parent spends with the children and which parent is the primary caregiver.
Most counties in Oregon have mandatory mediation for child custody. If the parties cannot come to an agreement in mediation, the case moves on to the court.
Modifications Of Child Custody And Child Support
In order to successfully modify a child custody or child support agreement, we will need to show the court that a substantial change has taken place or is on the horizon. Frequently, we advise clients to modify a parenting plan instead of the custody order, as this is often better for the children and courts are more amenable to it.
For child custody modification, the court will need to see a substantial change in one party’s parenting capacity. Often, the custody modification issue arises in move-away situations. Telling the court that you are planning to marry someone who lives in another state and want to move away usually does not go over well in court. However, if you are moving because you have found a better job or better programs for the children in another area, the court will be more likely to give weight to your side of the case.
Challenging Relocation And Other Modifications
If your child’s other parent is planning to move with your child, we can contest the move, especially if the move will significantly impact your parenting time.
The same rule applies to child support modifications. Before making any change to the original child support order, the court will need to see a substantial change in circumstance. This could be a medical issue, a disability or even a big windfall. Remarriage is not always considered to be a substantial change, and it does not always lead to a reduction in child support payments.
Contact Charles Vincent & Associates
If you or your former spouse is planning to move, of if you need to modify a child support or custody agreement on some other grounds, speak to a lawyer right away. Our Eugene parenting time attorneys are flexible and can work around your busy schedule. To contact our office in Eugene, Oregon, call 541-597-9259 or send us an email.